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HomeMy WebLinkAbout2001-09-11 Ordinance Prepared by: John Yapp. Associate Planner. 410 E. Washington Street. Iowa City. IA 52240; 319-356-5247 ORDINANCE NO. 01-3983 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF 12.09 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF HIGHWAY I WEST OF WESTPORT PLAZA FROM I-'1, GENERAL INDUSTRIAL TO C1-1, INTENSIVE COMMERCIAL WHEREAS, the applicant, Charles Ruppert, has requested the City rezone approximately 12.09 acres 6f land located on the south side of Highway 1, west of Westpod Plaza from I-1, General Industrial to Cl-1, Intensive Commercial; and WHEREAS, the proposed rezoning is compatible with the adjacent Intensive Commercial and Community Commercial zoning, and with the Highway 1 Commerdal Corridor; and WHEREAS, Iowa Code Section 414.5 (1999) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested zoning change; and WHEREAS. it is a policy in the Iowa City Comprehensive Plan that special care must be given to the appearance of entranceway corridors as development occurs; and WHEREAS, Highway 1 is the primary entrance to Iowa City from the southwest; and WHEREAS. the propedy is in close proximity to the Iowa City Municipal Airport, and therefore. there are certain restrictions on the development of the property; and WHEREAS, the property owners acknowledge that certain conditions and restrictions are reasonable to ensure appropriate development that helps to enhance the appearance of the Highway 1 corridor. helps to minimize traffic congestion and ensures compatibility with present Airport regulations; and WHEREAS. the property owners have agreed to use this property in accordance with cedain terms and conditions as contained in the conditional zoning agreement to ensure appropriate development of this property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from its present classification of I-1. General Industrial. to C1-1, Intensive Commercial: Outlot A, Westport Plaza-Part Two Iowa City Iowa according to the plat thereof record d in Book 38, Page 257, P at Recor~ls of JohnSon C;~unty Iowa. Said tract of land contains 12.09 acres, more or less, and is subject to easements and restrictions of record. Ordinance No. 01-3983 Page 2 SECTION II. ZONING MAP. The Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa to conform to this amendment upon final passage, approval, and publication of this ordinance as provided by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the owners of the property and the City, following passage and approval of this ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this Ordinance and Conditional Zoning Agreement and to record the same at the office of the County Recorder of Johnson County, Iowa, at city expense, all as provided by law. SECTION V. REPEALER. All ordinances and pads of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and ublication, as provided by law. ~YOR / Ordinance No. 01-3983 Page 3 It was moved by O' Donne ] '1 and seconded by Champ i on that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman × O'Donnell X Pfab X Vanderhoef X Wilbum First Consideration 6/12/01 Voteforpassa e: AYES: 0'Donnell, Vandet'hoef, ~/i]bur'n, Champion, Kanner, Lehman. NAYS: Pfab. ABegENT: None. Second Consideration 6/26/01 Voteforpassage: AYES: Champion, Kanne~-, Lehman, 0'Donnell, Pfab, Vanderhoef, t~ilbu~'n. NAYS: None. ABSENT: None. Date published 9/19/01 Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 CONDITIONALZONING AGREEMENT THIS AGREEMENT is made by and between Charles W. Ruppert and Marie Ruppert, husband and wife; Richard H Ruppert, a single person; Robert L. Ruppert and Maxine Ruppert, husband and wife; Katherine C. Hogan and Eugene Hogan, wife and husband; Cleldon F. Ruppert and Betty C. Ruppert, husband and wife; Herman G. Ruppert and Betty Lou Ruppert, husband and wife; and Dean C. Cooper as Executor of the Estate of Rosamond V. Cooper (hereinafter "Owners") and the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"); and WHEREAS, Owners have requested the City rezone approximately 12.09 acres located on the south side of Highway 1 and west of Westport Plaza from I-1, General Industrial, to C1-1, Intensive Commercial; and WHEREAS, the proposed rezoning is compatible with adjacent commercial zoning to the north and south, and with the commercial character of the Highway 1 Corridor; and WHEREAS, Iowa Code 414.5 (1999) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs related to the requested zoning change; and WHEREAS, the City of Iowa City has a policy to preserve and enhance the entrances to the city; and WHEREAS, Highway 1 is the primary entrance to Iowa City from the southwest; and WHEREAS, the approximate 12.09 acre property is in close proximity to the Iowa City Municipal Airport, and therefore, there are certain restrictions on the development of the property; and WHEREAS, Owners acknowledge that certain conditions and restrictions are reasonable to ensure appropriate development, to help ensure development does not detract from the appearance of the Highway 1 Corridor, and to ensure development is in compliance with laws and regulations governing the property due to its close proximity to the Iowa City Municipal Airport; and Charles W. Ruppert Conditional Zoning Agreement Page 2 WHEREAS, Owners and City acknowledge that similar conditions have been placed on other properties within the Highway 1 Corridor; and WHEREAS, Owners agree to use this properly in accordance with the terms and conditions of the Conditional Zoning Agreement to ensure appropriate development of this property. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: 1. Charles W. Ruppert and Marie Ruppert, husband and wife; Richard H. Ruppert, a single person; Robert L. Ruppert and Maxine Ruppert, husband and wife; Katherine C. Hogan and Eugene Hogan, wife and husband; Cleldon F. Ruppert and Betty C. Ruppert, husband and wife; Herman G. Ruppert and Betty Lou Ruppert, husband and wife; and Dean C. Cooper as Executor of the Estate of Rosamond V. Cooper are the owners and legal title holders of property located on the south side of Highway 1, west of Westpod Plaza, and northwest of the Iowa City Municipal Airport, more particularly described as follows: Outlot A, Westpod Plaza-Pad Two, Iowa City, Iowa, according to the plat thereof recorded in Book 38, Page 257, Plat Records of Johnson County, Iowa. Said tract of land contains 12.09 acres, more or less, and is subject to easements and restrictions of record. 2. The parties acknowledge that Iowa City has a policy, as stated in the Comprehensive Plan, to preserve and enhance entrances to Iowa City. Owners agree and acknowledge that this policy is reasonable, proper and appropriate under the circumstances. 3. Owners acknowledge that the City's policy concerning entrances governs this rezoning request and, therefore, agree to certain conditions over and above City regulations may be imposed in order to lessen the impact of the development on the surrounding area. 4. In order to provide for attractive development at the southwest entranceway to Iowa City, to ensure the coordinated development of the above-described land so as to minimize traffic conflicts and congestion in the area, and to ensure that development on the property complies Charles W. Ruppert Conditional Zoning Agreement Page 3 with laws and regulations governing development of the property due to its close proximity to the Iowa City Municipal Airport, Owners agree that the development of the subject property will conform to the following conditions: a. Any proposed development on the property shall not have direct vehicular access onto Highway 1. Access to the property shall be through the existing access drives from adjacent properties. The access easement through the property to allow vehicular access between properties to the north and south shall be preserved. This access easement shall be shown on all site plans for proposed future development and may be located in conjunction with drives through parking areas. The City agrees to cooperate with Owners to relocate the access easement provided an acceptable route for through traffic and safety at intersections is maintained. The access easement, however, need not be located as shown on the plat for Outlot A, Westport Plaza Part Two. Specifically, the easement may be moved west and north as long as it does not encroach upon the 30-foot setback specified in paragraph 5F. Said easement may be reduced to a width of 30 feet, however, the access easement must remain open to allow traffic to circulate through the property, and may not be used for storage or display of vehicles. In the event the subject real estate is redeveloped in such a manner that lots are platted at the front of said real estate nearest Highway 1, Owners shall be required to relocate the easement to a point approximately 210 feet from the Highway I right-of-wayto allow lots to be subdivided between Highway 1 and the access easement. b. No outdoor storage of merchandise or material, except for that associated with auto vehicle sales. plant nurseries and florists shops, shall occur within 100 feet of the Highway I right of way. Storage areas beyond 100 feet of the Highway I right of way shall be screened from view with a solid wall at least six feet in height, and a landscape bed at least 15 feet in depth shall be located adjacent to any such wall between the wall and the Highway 1 right of way. c. Loading docks shall not be located on any building wall or other wall facing Highway 1. Loading docks shall be screened or located so they are obscured from vision from Highway 1. Charles W. Ruppert Conditional Zoning Agreement Page 4 d. All parking rows, including those for car or truck sales, shall be terminated with a landscaped bed nine feet in depth. The landscaped bed shall be planted with parking lot trees which may count toward the parking lot trees otherwise required by the City. Ornamental trees may be used if the mature height of large trees are found to potentially penetrate the minimum obstruction clearance height for the Iowa City Municipal Airpod. e. No more than two free-standing signs shall be permitted on the property. If signs are to be illuminated, they shall only be internally illuminated. f. There shall be a 30-foot setback from Highway I which shall be landscaped with ground cover. No parking or display of merchandise or paving other than sidewalks shall be permitted in this 30-foot setback. g. Any and all development shall comply with all local, state and federal laws and governing the development of the property due to its close proximity to the Iowa City Municipal Airport. Nothing in this Conditional Zoning Agreement, however, shall be construed as a waiver of any "taking claim" by Owners in the event any governmental agency or body prohibits development on the properly. Owners reserve the right to maintain any claim, including but not limited to inverse condemnation, taking, temporary taking, Section 1983 claim or other claim, based on the inability to develop the property due to airport regulations. h. In order to minimize the potential for a blank wall to face Highway 1, the building wall or walls facing Highway I shall be constructed of masonry, including brick, stone, dressed concrete block, and/or stucco or like material when used in combination with a masonry finish, or of architectural metal exterior wall materials in combination with a masonry finish. Alternatively, a minimum of 30% of the building wall shall be window openings or windows spaced at least every 50 feet along the wall, or other changes in the pattern of the wall surface may be approved, provided the majority of the wall is masonry or like material, or architectural metal in combination with masonry, with approval of a site plan by the Director of Planning and Community Development. 5. The Owners agree that every development proposed on the subject property must submit a development concept plan to the Department of Planning and Community Development prior to Charles W. Ruppert Conditional Zoning Agreement Page 5 development. The Director of Planning and Community Development shall review and approve the concept plan based on the criteria listed herein. The director may approve a concept plan containing minor modifications to the criteria listed above, provided the modifications satisfy the intent of the criteria. Decisions of the Director may be appealed to the City Council after review and a report by the Planning and Zoning Commission. 6. The Owners acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code 414.5 (1999), and that said conditions satisfy public needs which are directly caused by the requested zoning change. 7. In the event that the subject property is transferred, sold, redeveloped, or subdivided, all redevelopmentwill conform with the terms of this conditional zoning agreement. 8. This conditional zoning agreement shall be deemed to be a covenant running with the land and with the title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives and assigns of the parties. 9. Owners acknowledge that nothing in this conditional zoning agreement shall be construed to relieve the owner from complying with all applicable local, state and federal regulations. 10. The parties agree that this conditional zoning agreement shall be incorporated by reference into the ordinance rezoning the subject property; and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at City expense. Dated this ~ day of )~ u.,5~A' ,2001. Charles W. Ruppert Conditional Zoning Agreement Page 6 )~L~//%[ -~ .~ ~'-"~' . Ma~r~'~ K. Karr, City Clerk - AppFevedl:~j} · , CHARLES W. RUPPE~T, n -Fa j~ ' Richard H. Rupped, Robe~ L. Ruppe~, Maxine Ruppe~, Katherine C. Hogan, Eugene Hogan, y's O Cleldon F. Ruppe~, Betty C. Ruppe~, Herman G. Rupped, Betty Lou Rupped and Marie Ruppe~ ESTATE OF ROSAMOND V. COOPER By: Dean C. Cooper, STATE OF IOWA ) ) ss: COUNTYOF JOHNSON ) On this ~ day of .,~ FJ~L,-~ ,2001, before me, a Notary Public in and for the State of Iowa, personally appeared Charles W. Rupped, to me known to be the person who executed ihe foregoing instrument and acknowledged that he executed the same as his voluntary act and deed. Notary Public in and for~ Iowa ' STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) On this ~ day of ~ ,2001, before me, a Notary Public in and for the State of Iowa, personally appeared Charles W. Ruppert, to me known to be the person who executed the foregoing instrument on behalf of Marie RupperL Richard H. Ruppert, Robert L. Ruppert and Maxine Ruppert; Katherine C. Hogan and Eugene Hogan; Cleldon F. Ruppert and Betty C. Ruppert; and Herman G. Ruppert and Betty Lou Ruppert, and acknowledged that he executed the same as the voluntary act and deed of said Marie Ruppert, Richard H. Ruppert, Robert L. Ruppert and Maxine Ruppert; Katherine C. Hogan and Eugene Hogan; Cleldon F. Ruppert and Betty C. Ruppert: and Herman G. Ruppert and Betty Lou Ruppert. CharlesW. RuppertConditionalZoningAgreement Page 7 ~ic in~;n~owa STATE OF FLORIDA ) COUNTY OF CHARLOTTE ) On this .-;2 ~ day of ,//9-c~_d~ g5 'y' ,2001, before me, a Notary Public in and for the State of Iowa, personally appear Dean C. Cooper, to me known to be the identical person named in and who executed the foregoing instrument and acknowledged that such person, as such fiduciary, executed the same as the voluntary act and deed of such person of such fiduciary. Notary ~ in and for the State OFFICIALNOTARYSEAL STATE OF IOWA ) DOROT~n' A vrruccl ) SS: NOTARY PUBLIC STATE OF FLORIDA COMMIBSION NO, CC679329 COUNTY OF JOHNSON ) , M,YC0M,.~SJ~h ~XP. SEPT 10.200~ Pu and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Rocolutiorr) No. ol--3~i'~.~ passed by the City Council, on the // day of ~.~gF--e_r-,-, E-~r' ,2001, and that Ernest W. Lehman and Marian K. Karr acknowledged the execu n of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. p,,SONDRAEFORT.,~b~x'J~- "~,r~'b NetaryPub,icinandfor,hes,a,eof,owa My commission expires: pp~adrn/ag~za-ruppeftdoc City of Iowa City MORANDUM Date: September 5, 2001 To: City Council From: Job. Y. pp, ssociate Re: REZ01-00002, proposed rezoning of 12.09-acre Ruppert property from Pl to C1-1 Given the concerns about the location of the existing access easement through the 12'09- acre Ruppert properly located between Westport Plaza and the Menards property, and the need for it to function safely for through traffic as well as to provide access to any development on the Ruppert property, the language in the Conditional Zoning Agreement associated with the rezoning has been modified. The language concerning the location of the access easement now reads "... the City agrees to cooperate with Owners to relocate the access easement provided an acceptable route for through traffic and safety at intersections is maintained." The rezoning in and of itself does not relocate the platted easement. The easement may be relocated as part of the approval of a subdivision plat or development plan, with approval from the City. Staff recommends approval of the rezoning and associated Conditional Zoning Agreement, and we have been assured that representatives of the Ruppert family will sign off on the Conditional Zoning Agreement by the September 11 Council meeting. Chuck MeaFdon, the attorney for the Ruppert family, has requested accelerated consideration of the third reading, due to this being the third public hearing on the proposed rezoning. Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St,, Iowa City, IA356-5247 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by andl~tween Charles W. Ruppert and ~ Ruppert, husband and wife; Richard H. Ruppert, a single person; 'B,,obert L. Ruppert and M; Ruppert, husband and wife; Katherine C. Hogan and Eugene Hogan, w~i{e and husband; Cleh F. Ruppert and Betty C. Ruppert, husband and wife; Herman G. Ruppert and Be Lou Ruppert, and wife; and Dean C. Cooper as Executor of the Estate of Rosamond V. Coo:r~ereina~er and the City of Iowa City, Iowa, a municipal corporation (hereina~er "City"); and \ WHEREAS, Owners have requested the City rezone a ,12.09 acres located on the south side of Highway 1 and west of Westport Plaza from I-1, G~ to C1-1, Intensive Commercial; and WHEREAS, the proposed rezoning is compatibh adjacent ~g to the north and south, and with the commercial character of the Hi 1 Corridor; and WHEREAS, Iowa Code 414.5 (1999) that the City of Iowa may impose reasonable conditions on granting an applicant's request, over and above ~ regulations, in order to satisfy public needs related to the re zoning change; and WHEREAS, the City of Iowa Ci has ! to preserve and enhance the entrances to t city; and WHEREAS, H~ghway 1 ~ entrance to Iowa Csty from the southwest, and WHEREAS, thi~! appr mate 1:~.09 acre property is in clause proximity to the Iowa City Municipal Air and therefore hen 'certain estnct~ons on the develo ment of the property ' WHEREAS, acknowledge that certain conditions and restrictions are reasonable to ensure appropriate to help ensure development does not detract from the appearance of the Highway 1 and to ensure development is in compliance with laws and regulations governing the property du ! to its close proximity to the Iowa City Municipal Airport; and Charles W. Ruppert Conditional Zoning Agreement Page 2 i and WHEREAS, Owr~s agree to use this property in accordance with the term and conditions of the Conditional Zoning ,~,9reement to ensure appropriate development of this pro NOW, THEREFORE, in c'b~sideration of the mutual promises containe/herein, the Par~ies agree as \ follows: ~ / ~ / 1. Charles W. Ruppe~ and Ruppe~, husband and wife;/~ichard H. Ruppe~, a single person; ,~ . · Hogan, wife and husband; p s Herman / G. Rupped and Betty Lou Rup ~usband and and Dean C. Cooper as Executor of the Estate of Rosamond V. Cooper are 1 owners a~ al title holders of prope~y located on the south side of Highway 1, west of West noahwest of the Iowa City Municipal Airpod, more pa~icularly described as follows: Outlot A, Westport Plaza-Part ;ity, Iowa, according to the plat thereof recorded in Book County, Iowa. Said tract of land contains 12.09 acres, or less, and is bject to easements and restrictions of record. 2. The parties acknowledge th; City has a policy, as in the Comprehensive Plan, to preserve and enhance Iowa City. Owners agree that this policy is reasonable, proper and the circumstances. 3. Owners the City's policy concerning entrances this rezoning request and, therefore to certain conditions over and above City may be imposed in impact of the development on the surrounding area. 4. In order provide for attractive development at the southwest entranceway City, to coordinated development of the above-described land so as to traffic and congestion in the area, and to ensure that development on the property complies aws and regulations governing development of the property due to its close proximity to the Iowa City Municipal Airport, Ownere agree that the development of the subject property will conform to the following conditions: Charles W. Ruppert Conditional Zoning Agreement Page 3 a. , Any proposed development on the property shall not have direct vehicular access onto Highway 1. Access to the property shall be through the existing access drives from adjacent properties. The access easement through the property to allo vehicular access between properties to the north and south shall be preserved. This a cess easement shall n n i g t i e to relocate the access easement provided an acceptable r~te for through tra~c and / safety at intersections is maintained. The access easement /~owever, need not be located as shown on the pla~ for Outlot A, Westpo~ Plaza Pa~wo. Specifically, the easement may be moved west and ~o~h as long as it does not upon the 30-foot setback specified in paragraph 5F. Sa~d easement may be ~ to a width of 30 feet, however, the access easement must rema~ open to circulate through the prope~y, and may not be used for storage or ~[~play of In the event the subject real estate is redeveloped in such a manner that Io~ front of said real estate nearest Highway 1, Owners shall be required the easement to a point approximately 210 feet from the Highway 1 lots to be subdivided be~een Highway 1 and the access easement. b. No outdoor storage of men or material, pt for that associated with auto vehicle sales, plant nurser' florists shops, shall within 100 feet of the Highway 1 right of way. beyond 100 feet of the 1 right of way shall be screened from view a solid wall at least six feet in hei! and a landscape bed at least 15 feet in de shall be located adjacent to any such wall wall and the Highway 1 c. Loading not be located on any building wall or other wall Highway 1. shall be screened or located so they are obscured from ision from Hi 1. d. All rows, including those for car or truck sales, shall be terminated wi~ a landscaped bed nine feet in depth. The landscaped bed shall be planted with parking lot trees which may count toward the parking lot trees otherwise required by the City. Ornamental trees may be used if the mature height of large trees are found to potentially penetrate the minimum obstruction clearance height for the Iowa City Municipal Airport. Charles W. Ruppert Conditional Zoning Agreement Page 4 e. No more than two free-standing signs shall be permitted on t.~/property. If signs are to be  illuminated, they shall only be internally illuminated. / ,\ f. ",,, There shall be a 30-foot setback from Highway 1 shall be landscaped with ground bpver. No parking or display of merchandise or other than sidewalks shall be permitted in this 30-foot setback. g. Any and alJ development shall com I, state and federal laws and governing the development of the property due close proximity to the Iowa City Municipal Airport. Nothing!n this Conditional Agreement, however, shall be construed as a waiver of any "taking claim" in the event any governmental agency or body prohibits developmerit on the Owners reserve the right to maintain any claim, including but not limited,, condemnation, taking, temporary taking, Section 1983 claim or other claim, on the inability to develop the property due to airport regulations. '..,~,,., h. In order to minimize a blank wall to face Highway 1, the building wall or walls facing 1 shall be of masonry, including brick, stone, dressed concrete block, stucco or like used in combination with a masonry finish, or in combination with a masonry finish. 30% of wall shall be window openings or windows spaced at every 50 feet along the wall,changes in the pattern of the wall surface ~, be approved, provided the majority wall is masonry or like material, or archite metal in combination with masonry, approval of a site plan by the of Planning and Community Development. 5. The agree that every development proposed on the property must submit a concept plan to the Department of Planning and Development prior to devel The Director of Planning and Community Development and approve the plan based on the criteria listed herein. The director a concept plan co minor modifications to the criteria listed above, provided the ~ns satisfy the of the criteria. Decisions of the Director may be appealed to the City after review and a report by the Planning and Zoning Commission. Charles W. Ruppert Conditional Zoning Agreement Page 5 6. The Owners acknowledge that the conditions contained herein are reasonable conditions to impq~e on the land under Iowa Code 414.5 (1999), and that said conditions satisfy public needs which are directly caused by the requested zoning change. 7. In the ev~h~. that the subject properly is transferred, sold, re'~eveloped, or subdivided, all redevelopment will conform with the terms of this conditional z~t~ing agreement. 8. This conditional zoni~lagreement shall be deemed to ~e a covenant running with the land and with the title to the land,"apd shall remain in full forg~ and effect as a covenant running with the title to the land unless or un{lt,released of record b~"the City. The pa~ies fu~her acknowledge that this agreement shall inure to the~enefit of and~ind all successors, representatives and assigns of / the pa~ies. ,,,. /, 9. Owners acknowledge that nothing conditional zoning agreement shall be construed to relieve the owner from complying ~ icable local, state and federal regulations. 10. The padies agree that this ~ shall be incorporated by reference into the ordinance rezoning prope~y; ~at upon adoption and publication of the ordinance, this shall be recorded in the ~nson County Recorder's Office at City expense. Dated this ,2001. Charles W. Ruppert Conditional Zoning Agreement Page 6 CITY OF IOWA CITY \ By CHARLES~/. RUPPERT Ernest W. Lehman, Mayor ., Attest: ', Marian K. Karr, City Clerk CHARLES W. RUPPBRT, Attorney-in-Fact for by: Richard H. Ruppert, Robert L. Ruppert, Maxine Ruppert, Katherine C. Hoban, Eugene Hogan, Attorney's Office Cleldon F. Ruppert, Betty C= ,Ruppert, Herman G. Ruppert, Betty Lou Ruppe~t and Marie Ruppert . ESTATE OF ROSAMOND V. COOPER By: \ Dean C. Cooper, Executor \\ STATE OF IOWA ) COUNTY OF JOHNSON ) On this day of 2001, before me, a Notary Public in and for the State of Iowa, personally appean Charles W. Ru to me known to be the person who executed the foregoing instrument the same as his voluntary act and deed. Notar~ nd for the State of Iowa STATE OF IOWA ) ss: ) On this of ,2001, before a Notary Public in and for the Ruppert, to the person who executed the foregoing on behalf of Marie Ruppert, Richard H. Ruppert, ~bert L. Ruppert and Maxine Ruppert; Katherir C. Hogan and Eugene Hogan; Cleldon F. RL Ruppert; and Herman G. Ruppert and Lou Ruppert, and acknowledged that he executed same as the voluntary act and deed of sai, Marie Ruppert, Richard H. Ruppert, Robert L. Ruppert and Ruppert; Katherine C. Hogan and .~gene Hogan; Cleldon F. Ruppert and Betty C. Ruppert; G. Ruppert and Betty Lou Ru Notary Public in and for the State of Iowa Charles W. Ruppert Conditional Zoning Agreement Page 7 ) ss: OTTE ) On this dsoan~lfy ,2001, before a Notary Public in and for the State of Iowa, per appeared Dean C. Cooper, to me known be the identical person named in and who executed the~,regoing instrument and acknowledged such as such fiduciary, executed the same as the~oluntary act and deed of such person c \' Notary Public in I for the State of Florida \ STATE OF IOWA ) \, ) ss: \ COUNTY OF JOHNSON ) \ On this day of , 2001, before me, , a Notary and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, res of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the cor of the corporation, and that the instrument was signed and sealed on behalf of the cor tuthority of its City Council, as contained in (Ordinance) (Resolution) No. City Council, on the day of , 2001, and that W. ~an and Marian K. Karr acknowledged the execution of the instrument to be their volu act and and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and fo~',~e State of Iowa My commission expires: Prepare y: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA :~19) 356-5247 p e husband and wife; Katherine C. Hogan and Eu -logan, wife and husband; Cleldon and Betty C. Ruppert, husband and wife; Herman G. and Betty Lou Ruppert, wife; and Dean C. Cooper as Executor of the Estate of Cooper (I ~ and the City of Iowa City, Iowa, a municipal corporation (he and WHEREAS, Owners have requested the Cil ~ne approxim~ 12.09 acres located on the south side of Highway 1 and west of Westport Plaza from ;eneral Ir ~strial, to C1-1, Intensive Commercial; and WHEREAS, the proposed rezoning is compatible commercial zoning to the north and south, and with the commercial character of the Highway 1 and WHEREAS, Iowa Code 414.5 (1999) provides the Ci of Iowa City may impose reasonable conditions on granting an applicant's rezoning , over an above existing regulations, in order to satisfy public needs related to the requested change; and WHEREAS, the City of Iowa City has a polil ser fe and enhance he entrances to the city; and WHEREAS, Highway 1 is the, ince to Iowa City f t; and :.:.,:2: :::::::::::::::::::::::::::: and therefore, there are cedain 'iction I WHEREAS, Owners acknowledge that certain conditions and restrictions are reasonable to ensure appropriate development, to help ensure development does not detract from the appearance of the Highway 1 Corridor, and to ensure development is in compliance with laws and regulations governing the property due to its close proximity to the Iowa City Municipal Airport; and Charles W. Ruppert Conditional Zoning Agreement Page 2 WHEREAS, Owners and City acknowledge that similar conditions have been placed on other properties within the Highway 1 Corridor; and WHEREAS, Owners agree, kto use this property in accordance with the terms and conditi ns of the Conditional Zoning Agreemen~.~o ensure appropriate devetopment of this property. ~~ NOWw,sTHEREFORE, in consitUation of the mutual promises contained herein, the arties agree as folio : \', 1. Charles W. Ruppert and Marie R.u, ppert, husband and wife; RiChard a single person; Robert L. Ruppert and Maxine R\uppert, husband and wife; C. Hogan and Eugene Hogan, wife and husband; Cleldon F.,~Ruppert and Betty C. husband and wife; Herman G. Ruppert and Betty Lou Ruppert, husband and wife; and C. Cooper as Executor of the Estate of Rosamond V. Cooper are the o~vners and lega . holders of property located on the south side of Highway 1, west of Westport Plaza, and Iowa City Municipal Airport, more particularly described as follows: ,\ Outlot A, Westport Plaza-Part Two :ity, Iowa, according to the plat thereof recorded in Book 38, Page 257, PIs of Johnson County, Iowa. Said tract of land contains 12.09 acres, more less, and , and restrictions of record. 2. The parties acknowledge that City has a policy, as st ted in the Comprehensive Plan, to preserve and enhance entra to Iowa City. Owners agree a d acknowledge that this policy is reasonable, proper and a rol: e under the circumstances. 3. Owners acknowle e that the City's policy concerning entrances go erns this rezoning request :2~rt , ' " ' ions may be imposed in 4. In order to provide for attractive development at the sou ay to Iowa City, to ensure the coordinated development of the above-described land so aS to minimize traffic conflicts and congestion in the area, and to ensure that development on the property complies 'with laws and regulations governing development of the property due to its close proximity to the Iowa City Municipal Airport, Owners agree that the development of the subject property will conform to the following conditions: Charles W. Ruppert Conditional Zoning Agreement Page 3 a. Any proposed development on the property shall not have direct hicular access onto Highway 1. Access to the property shall be through the access drives from adja ent properties. The access easement through the Uow vehicular access betwee roperties to the north and south shall be preserved. Thi access easement shall be shown n all site plans for proposed future developmen and may be located in conjeL nct~on w~ a~sles through parkling areas. The Cl~y ee t~ cooperate w~th Owners te th~s 'sement ~f neces i~' however n ~ ed not be', '.;, to r Ioc ary The acces located as shown o the plat for Outlot A, Westport ;a Part Two. Specifically, the : however, the access easemL~3t must remain open to circulate through the property, and may not be used f~r storage or disl of vehicles. In the event the subject real estate is redeveloped in such a manner th are platted at the front of said real estate nearest Highway 1, Owners s1%!,11 be Jired to relocate the easement to a point approximately 210 feet from the Hi iht-of-way to allow lots to be subdivided between Highway 1 and the access easer ~t. b. No outdoor storage of merchandi,, matera I, except for that associated with auto vehicle sales, plant nurseries and c ;hops, s II occur within 100 feet of the Highway I right of way. Storage areas ey~ 100 feet of e Highway 1 right of way shall be screened from view with a sid wall at least six feet 'n height, and a landscape bed at least 15 feet in depth shall e located adjacent to any s h wall between the wall and the c. on any building wall or her wall facing Highway 1. Loading docks be screened or located cured from vision from Highway 1. d. All parking including those for car or truck sales, shall be terminated with a landscaped'bed nine feet in depth. The landscaped bed shall be planted with parking lot trees whiCh may count toward the parking lot trees otherwise required by the City. Ornamental trees may be used if the mature height of large trees are found to potentially penetrate the minimum obstruction clearance height for the Iowa City Municipal Airport. Charles W. Ruppert Conditional Zoning Agreement Page 4 e. No more than two free-standing signs shall be permitted on the property. If signs are to be illuminated, they shall only be internally illuminated. f. be a 30-foot setback from Highway 1 which shall with ground cover. or display of merchandise or paving other than shall be 30-foot setback. g. Any and all ~ply with all local, state laws and governing the development property due to its close proximity the Iowa City Municipal Airport. Nothing in nditional Zoning Agreement, shall be construed as a waiver of any "taking by Owners in the event a~ agency or body prohibits development on aroperty. Owners rese~ the right to maintain any claim, including but not limited condemnation. temporary taking, Section 1983 claim or other claim, based the inability ~p the property due to airport regulations. h. In order to minimize the potential for wall to face Highway 1, the building wall or walls facing Highway 1 shall of masonry, including brick, stone, dressed concrete block, and/or stuc when used in combination with a masonry finish, or of architectural wall m~in combination with a masonry finish. Alternatively, a minimum ~f the buildir be window openings or windows spaced at least every 50 the wall, ges in the pattern of the wall surface may the majority qe wall is masonry or like material, or architectural metal in ~bination with masonry, approval of a site plan by the Director of Planning ~ Community Development. ~ 5. The Owners agree that development proposed on the Subject property must submit a development concept to the Department of Planning and Community Development prior to development. The Director of Planning and Community Development shall review and approve the concept plan based on the criteria listed herein. The director may approve a concept plan containing minor modifications to the criteria listed above, provided the modifications satisfy the intent of the criteria. Decisions of the Director may be appealed to the City Council after review and a report by the Planning and Zoning Commission. ChaHes W. Ruppert Conditional Zoning Agreement Page 5 6. The Owners acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code 414.5 (1999), and that said conditions satisfy public needs which are directly caused by the requested zoning change. 7. In the that the subject property is transferred, sold, redeveh or subdivided, all redevelc will conform with the terms of this conditional zoning 8. This conditional agreement shall be deemed to be a running with the land and with the title to the land nd shall remain in full force as a covenant running with the title to the land unless released of record by the acknowledge that this agreement shall of and bind all representatives and assigns of the parties. 9. Owners acknowledge that nothing in zoning agreement shall be construed to relieve the owner from complying with all a state and federal regulations. 10. The parties agree that this conditional ;ment shall be incorporated by reference into the ordinance rezoning the upon adoption and publication of the ordinance, this agreement shall in the ~nson County Recorder's Office at City expense. Dated this day of ,2001. Chal:les W. Ruppert Conditional Zoning Agreement Page 6 L~AZ~ T/~'~~ CITY OF IOWA CITY By CHARLES W. RUPPER Ernest W. Lehman, Mayor Attest: Marian K. Karr,~/ ~E,~, .~ A ,. CHARLES W. RUPPERT, n-Fact for ~ Richard H. Rupped, Robe~ L. R , Maxine Ruppe~, Katherine C. Hogan, Hogan, ~ Cleldon F. Ruppe~, Betty C. ~erman G. Ruppe~, BeVy Lou Rupped ~/ ESTATE OF ROSAMOND V. COOPER /' By: ~ F~ Dean C. Coo~r STATE OF IOWA ) COUNTY OF JOHNSON ) On this ~9'~j~ day of '~'/7~r_ 2001, me, a Notary Public in and for the State of Iowa, personally appeared C les W. to be the person who executed the foregoing instrument and acknowledged that he ~ as his voluntary act and deed. State of Iowa ~ ~l ~ L~f. NNF.: M/~RIE SCH~TI~ STATE OF IOWA ) COUN~ OF JOHNSON ) On this ~ day of , 2001, before me, a ~ Public in and for the Rupped, to me known to be the who executed the foregoing instrument on of Marie Ruppe~, Richard H. Rupped, Rober Ruppe~ and Maxine Ruppe~; Katherine C. Hogan and Eugene Hogan; Cleldon F. Ruppe~ and Be~' Ruppe~; and Herman G. Ruppe~ and Betty Lou Ruppe~, and acknowledged that he executed the as the volunta~ act and deed of said Marie Ruppe~, Richard H. Ruppe~, Robe~ L. Ruppe~ and Maxine Ruppe~; Katherine C. Hogan and Eugene Hogan; Cleldon F. Ruppe~ and BeVy C. Ruppe~; and Herman G. Ruppe~ and Betty Lou Ruppe~. Nota~ Public in and for theftate of Iowa c ',~"'~ LEANNEMARIESCHW~TI~ C. ha. Hes W. Ruppert Conditional Zoning Agreement Page 7 STATE OF FLORIDA ) ) ss: COUNTY OF CHARLOTTE ) On this Cr~ day of ea~rredC~D , 2001, before me, a Notary Public in and for the State of Iowa, personally app an C. Cooper, to me known to be the identical person named in and who executed the foregoing instrument and acknowledged that such person, as such fiduciary, executed the same aS.th? voluntary act and deed of such person of such fiduciary. rid~ I~ ~M~Eu' ~Subhc ~n and fort e State o FIo ., ,. Not . . J f . / / STATE OF IOWA ) // ) ss: COUNTY OF JOHNSON ) / on th,sday of , a Notary Public in for 't ,e~ersonally appeared Ernest W. Lehman and Marian K. Karr, to me personally being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal and that the instrument was signed and sealed on behalf of the corporation, by of its City Council, as contained in (Ordinance) (Resolution) No. passed by the on the day of , 2001, and that Ernest W. Lehr K. Karr acknowledged the execution of the instrument to be their voluntary act and and t}~e voluntary act and deed of the corporation, by it voluntarily executed. Notar in and for the State'of Iowa M ". \,